The above-captioned case was scheduled for hearing on January 17, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Richard and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Kirwin of the Newport Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 19, 2005 inspection and plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 17, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 2005 report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Newport Fire Alarm Superintendent.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved crowd management training, at the direction and to the satisfaction of the Newport and State Fire Marshals office.
	3.  The Board hereby grants a variance from the provisions of sections 13.2.2.2.1 and 7.2.1.4.1 in order to allow the Applicant to maintain the existing swing of the historic door servicing this facility.  In granting this variance, the Board notes that the Newport Fire Marshals office has no objection.  The Board further directs the Applicant to maintain the cited doors unlocked during all hours of operation.
	4.  The Board hereby grants a variance from the provisions of section 13.2.2.2.3 in order to allow the Applicant to maintain the above doors without approved panic hardware, at the direction and to the satisfaction of the Newport Fire Marshals office.  The Board further notes that the Newport Fire Marshals office has no objection to this variance based on historical hardship.  See item 3 above.
	5.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the construction and configuration of the existing stairs.  The Board notes that the Newport Fire Marshals office has no objection to this variance based on historical hardship.
	6.  The Board notes that this facility was originally sprinklered on a voluntary basis.  Accordingly, the Board directs that the existing sprinkler system be maintained as a required system to the satisfaction of the Newport Fire Marshals office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing approved illumination of the means of egress at the direction and to the satisfaction of the Newport Fire Marshal.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of  the Newport Fire Marshals office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing any door deemed necessary by the Newport Fire Marshal with approved panic hardware.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by bringing any cited ramp into conformance with the code, at the direction and to the satisfaction of the Newport Fire Marshals office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by bringing the cited guards into compliance with the fire code at the direction and to the satisfaction of the Newport Fire Marshals office.
	12.  The Board hereby directs the Applicant to provide the Newport Fire Marshals office with an approved plan of action within a timetable established by that office and further authorizes the Newport Fire Marshals office to approve the issuance of a temporary certificate of occupancy for this facility.

STATUS OF DECISION AND APPEAL RIGHTS

	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See:  Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of 
the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].